Special from the Advanced Employment Issues Symposium, Las Vegas
When managers decide to fire someone (often way later than they should have decided) they always seem to want it done that minute. Of course, that’s one of the most dangerous things you can do, but how do you calm the manager down? asks attorney Dan M. Forman.
Forman, a partner at the Los Angeles office of Carothers, DiSante & Freudenberger, offered his tips at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas.
When managers want to terminate, it’s helpful to have a system in place with checklists that will slow things down, says Forman. Consider:
- Remind the manager about personal liability in many cases.
- Mention litigation risk factors. If any of the situations below are applicable, be prepared to prove and document the reasons for your termination decision, says Forman.
- Over 40
- Born in a different country
- Has a disability
- Has requested religious accommodation
- FMLA leave
- Participated in an investigation
- Sex or gender identification
- Workers’ compensation benefits
- Review the employee’s file to see if documentation supports the decision
- Review other discipline/discharge decisions for consistency
- Discuss the time required of the manager and the costs if there is a charge—depositions, trial, cost, loss of productivity, etc.
Hard to Get a Handle on Training? Now TrainingToday helps you structure a highly-organized, professionally developed training program for all your employees. Find out more.
How to Do Investigation Interviewing
First, says Forman, interview the complaining employee.
- Get all details such as dates, notes, writings, emails, witnesses, and people the complaining employee told about the situation.
- Get the complaining employee’s desired resolution; frequently, says Forman, it’s just to get the behavior to stop.
- Write the complaint up and get the complaining employee to confirm in writing.
Then, interview the alleged perpetrator. Again, get all details, such as dates, notes, writings, emails, witnesses, etc.
Then write up the case and discuss it with your attorney. After the discussion, interview third parties—witnesses, clients, vendors.
Also take other reasonable steps, for example:
- Have IT get emails sent by the people involved.
- Inspect locations where incidents occurred.
- Especially if no witnesses are identified, it may be appropriate to seek out witnesses.
Coming to a Resolution
Analyze the information you have gathered. Make credibility assessments. What are the motives of the complaining employee and the accused employee?
Write a post-investigation memorandum. Be sure to document hours spent, the number of witnesses, all in a generic manner, so that if you are ever accused of not investigating or doing a poor investigation, the documents will refute those allegations.
What Is the Best Tool for Avoiding Termination Problems?
The best tool for employers who want to avoid termination problems is doing HR basics right. For example:
- Make good hiring decisions
- Have a handbook
- Draft good policies
- Have an alternate dispute resolution system
Managers who fire without thinking, managers who do who knows what to make your day more challenging. But the bottom line is untrained managers cost the company in many ways..
Think you don’t have the budget and time to organize a full-blown training program? Good news from BLR—now you can run your training program like a pro, with our new TrainingToday system.
TrainingToday is a leading provider of online education programs for employees and supervisors. Each course in our extensive library addresses a specific topic with engaging and interactive presentations, delivering practical advice and clear instructions that trainees will remember long after the training is complete.
Three Delivery Platforms
TrainingToday offers you the option of three delivery platforms to meet your organization’s needs:
- Unlimited training for your whole organization for one flat fee
- Easy to start up and track trainee progress
- Hundreds of courses available, from employment law compliance to sales excellence
The Enterprise includes all the features of the Professional Version plus:
- Track and report capability with built-in comprehensive Learning Management System
- Train with courses as they are, or make them truly your own with our customization options
- Upload your own content (power point, video, SCORM files, etc) to the LMS in addition to using our comprehensive training courses
- Integrate content into your existing LMS
- Easy to tailor to your content, logo, presentation style, and corporate policies
- SCORM compliant to integrate with existing corporate learning systems
Looking to take your training program to the next level? Let TrainingToday help you manage a dynamite training program—enroll in our Instant Trainer Webinar Series and learn what it takes to make the most of every training dollar. Ready to learn more about TrainingToday? Sign up for one of our Product Demonstration Webinars
Here are just some of the many courses available at TrainingToday:
[Click here to download information on all courses and libraries.]
Over 75 HR and employment training courses covering topics such as: Sexual Harassment, Diversity, and ADA.
The Diversity library is an interactive training program with different modules for supervisors and employees. It features real-world scenarios and insightful commentary from a leading workplace expert and employment law attorney.
This library will give you everything you need to train your employees, supervisors, and managers on how to prevent sexual harassment in the workplace. Several training options available for multiple year training.
Leadership Training for Managers and Supervisors
A variety of helpful courses designed to teach valuable management techniques to supervisors.
Leadership for Employees
Provides tools and information to employees in a leadership position, or aspiring leaders, to improve their business, leadership, and professional skills.
Includes customer service training courses covering topics such as: Phone Skills, Handling Complaints, Identifying Customer Needs and Team Building.
Includes wellness training courses covering topics such as: Creating a Successful Wellness Program, Balancing Work and Home, Healthy Aging, and Hazards of Smoking: How to Quit.
These HR video supervisory training courses provide expert advice from practicing licensed attorneys on topics such as hiring, firing, privacy, discrimination, sexual harassment and more.
Over 90 workplace safety training courses covering topics such as: Slips, Trips, and Falls, HazCom, and Forklift Safety.
Sales – NEW!
The Sales Training library consists of 12 courses, everything you need to build a top-notch sales staff!
Looking to take your training program to the next level or need to convince your organization that training is critical to long term success—enroll in our Instant Trainer Webinar Series and learn what it takes to make the most of every training dollar. Ready to learn more about TrainingToday? Sign up for one of our Product Demonstration Webinars.